These terms and conditions are the contract between you and Breading & Coating LTD. In this document, “us”, “we”, “our” refer to Breading & Coating Ltd. By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Breading & Coating Ltd and released under licence. They protect your rights as well as ours.
We are Breading & Coating LTD, a company registered in the United Kingdom, company number 8059285. Our address is Unit 7A, Hadham Industrial Estate, Church End, Little Hadham, Ware, Hertfordshire, SG11 2DY.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
1. Definitions
In this agreement:
“Carrier” refers to any individual or entity we have engaged to transport Goods from our location to yours
“Content” denotes any material, in any format, displayed on Our Website, either posted by us or by a third party with our approval.
“Goods” refers to any products available for purchase on Our Website, or, depending on the context, products we have sold to you.
“Our Website” denotes any of our websites, encompassing all web pages under our control.
“Post” refers to the act of displaying, exhibiting, publishing, distributing, transmitting, or disclosing information, Content, or other material on Our Website. The terms “Posted” and “Posting” should be understood in this context.
2. Interpretation
In this contract, unless otherwise indicated by the context:
2.1. A reference to a ‘person’ includes individual(s), whether in partnership or not, as well as corporations, governmental entities, or other associations or organizations.
2.2. These terms and conditions govern all Goods supplied by us to any customer and take precedence over any terms you might suggest.
2.3. Any commitment by a party to refrain from an action, or to act, also entails an obligation to prevent another individual from undertaking or omitting that same action.
2.4. Unless specified otherwise, any duty arising from this agreement can be fulfilled by another individual.
2.5. In this agreement, references to a party also encompass individuals who inherit those rights and obligations due to a merger, split, restructuring, or any other reorganization involving the original party.
2.6. The headings of the paragraphs and any schedules in this agreement don’t influence its interpretation.
2.7. A reference to an act or regulation encompasses any new law with a purpose broadly similar to that act or regulation.
2.8. In any indemnity, references to costs or expenses also account for the estimated cost of the indemnified party’s management time.
2.9. These terms and conditions are applicable to you as a purchaser or potential purchaser of our Goods, and, where context permits, as a visitor to Our Website.
2.10. This agreement is exclusively in English. Should any discrepancies in interpretation arise between this English version and translations in other languages, the English version will take precedence.
3. Our contract with you
3.1. This agreement represents the full understanding between the parties, overriding any prior agreements or understandings.
3.2. Each party confirms that in entering this agreement, they are not relying on any statement, warranty, data, document, or condition outside of this agreement itself.
3.3. If you utilize Our Website and place an order on someone else’s behalf, you guarantee you have the requisite authority to do so and personally assume responsibility for all your actions or inactions.
3.4. We can’t assure the availability of Goods advertised on Our Website. These terms may be updated periodically. The terms applicable to you are those listed on Our Website on the day you place an order for Goods.
3.5. We may adjust the price of Goods at our discretion. However, any changes won’t impact the price of Goods already purchased by you.
3.6. If you later purchase Goods from us through a method not involving payment on Our Website, these terms remain applicable to the extent they can be enforced.
3.7. We don’t offer Goods in every country. Delivery may be declined if you reside in an unserved country.
4. Acceptance of your order
4.1. Your order represents an offer to purchase from us. Only the actual dispatch of Goods signifies our acceptance of the offer. [Until that point, we reserve the right to refuse supplying Goods without explanation].
AND
4.2. We reserve the right to refuse supplying Goods at any point before dispatch, without providing a reason.
4.3. If some Goods you order are out of stock, we’ll propose alternatives. In this case, you can:
4.3.1 accept the alternatives we offer.
4.3.2 cancel all or part of your order.
5. Price and payment
5.1. The price for the Goods you order is explicitly listed on Our Website.
5.2. If the price has risen since its listing on Our Website, any previously stated prices will be honoured in the event of an increase.
5.3. Our prices are zero VAT rated.
5.4. Your order will not be dispatched until all goods are available and payment has been made in full.
5.5. Any bank charges from payments to us or fees related to payments in a currency other than pounds Sterling are your responsibility.
5.6. Any exchange rate information we provide is approximate and may fluctuate over time.
5.7. The price of the Goods excludes delivery charges. These charges, based on rates at the time of your order, will be shown on Our Website before payment is requested.
5.8. Delivery charges include value added tax (“VAT”). If your delivery address indicates you’re outside the UK, VAT will be removed at the point of payment.
6. Security of your credit card
We prioritize ensuring the safety of Our Website for your use.
6.1. We don’t process card payments directly. Instead, we utilize online payment providers that securely encrypt your card or bank account information.
6.2. If you opt for us to store your credit card details for future purchases or subscriptions, we’ll keep them encrypted and secure on our systems. This information will only be used for processing your automatic monthly payments or other transactions initiated by you.
7. Cancellation and refunds
The following terms apply if you’re purchasing as a consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”). If the Regulations are relevant to the transaction, the subsequent provisions apply.
We are committed to delivering products of the highest quality to your doorstep. If you encounter any issues or are dissatisfied with any aspect of the product upon its arrival, please reach out to us within 48 hours of your delivery. You can reach us at our office landline, 01279 771884. We promise to address and resolve any concerns swiftly. Your contentment remains our foremost concern.
7.1. Details about our Goods aren’t in this document but can be found in our promotional materials, whether on Our Website or in printed format.
7.2. The following rules apply to cancellation of your order:
7.2.1 If you’ve ordered Goods and haven’t received them, you can cancel your order for any reason within 14 days. You won’t have any obligations, and we’ll refund your money.
7.2.2 If you’ve ordered and received Goods, you can cancel your order within 14 days of their receipt. Inform us of your decision to cancel and ensure you return the Goods to us within those 14 days.
7.2.3 We will return your money subject to the following conditions:
7.2.3.1 The returned Goods are in a resalable, new condition with intact labels and packaging.
7.2.3.2 you follow our returns and refund procedures. We need to identify the sender before issuing a refund.
7.3. The option to cancel your order is not available:
7.3.1 If you’ve ordered goods, and they are unsealed post-delivery or become non-resalable for any reason;
7.3.2 If you receive a sealed hard copy of a product and return it to us unsealed.
7.3.3 If the Goods become intertwined with other items in a way that makes identification or separation challenging.
7.4. You bear the cost of returning the Goods. We won’t cover or refund your expenses for repackaging and return.
7.5. In any aforementioned situations, we’ll refund you within 14 days.
8. Liability for subsequent defects
8.1. Inspect the Goods as soon as you receive them. If you don’t report any issues or defects within 2 days, we’ll consider the Goods accepted.
8.2. To return defective Goods, follow these steps:
8.2.1 Return defective Goods as soon as you discover the issue, but no later than 7 days after receiving them.
8.2.2 Adhere to the return’s procedure outlined on our website.
8.3. Your refund will be processed under the following conditions:
8.3.1 The Goods are returned with labels and packaging undamaged.
8.3.2 You follow our returns procedure; we can’t refund without identifying the sender.
8.3.3 Clearly describe the defect, when you first noticed it, and provide details allowing us to identify the issue.
8.4. In the event of a defect, we will replace the Goods.
9. Delivery and pick up
9.1. Goods will be delivered within 15 working days from the date you place the order.
9.2. The Carrier will deliver to the address you provided in your order. Ensure someone is available to receive the delivery.
9.3. If we can’t deliver your Goods within 15 working days from your order date, we’ll contact you via e-mail to schedule a new delivery date.
9.4. If all Goods aren’t available simultaneously, we won’t dispatch any goods until the full order is ready.
9.5. Goods remain our responsibility until they are signed for at the address you provided.
9.6. An adult (18 or older) must sign for the Goods upon delivery. If no eligible individual is present, the driver may keep the Goods and redelivery charges may apply. Upon arrival, promptly check the Goods for condition and quantity. If damaged during transit, refuse the delivery and contact us immediately for a replacement.
9.7. Using signatures like “Unchecked” or “Not Checked” will not be accepted.
9.8. Goods are shipped via courier. We’ll notify you by email once your order has been dispatched.
9.9. If we commit to a specific delivery day or time, we’ll strive to honour it. However, these timings aren’t contractual. We won’t be liable for any costs or inconveniences due to delayed or failed deliveries.
9.10. Any delivery time stated on the order is just an estimate, and timely delivery is not guaranteed.
9.11. You can collect Goods from our warehouse with a prior appointment (at least one working day before collection), once we’ve confirmed payment receipt in our bank. Payment via cheque or cash upon arrival is not possible.
9.12. Should you collect Goods directly from our location:
9.12.1 Once you or your Carrier collect the Goods from our warehouse, they become your responsibility.
9.12.2 You assume responsibility for all events involving the Goods after collection, including any damage to any property, regardless of ownership.
10. Foreign taxes and duties
10.1. For non-UK customers, we are not familiar with and aren’t responsible for your country’s laws.
10.2. You’re responsible for legally importing Goods and for paying any related import duties and taxes in your country.
11. Goods returned
If you purchase from us as a non-Consumer, the following conditions govern the return of defective Goods:
11.1. Returns are only accepted if the Goods had a defect upon purchase or if we’ve explicitly agreed to a return in writing.
11.2. Return defective Goods as soon as the issue is identified, but no later than [7 days]
11.3. Ideally, Goods should be returned:
11.3.1 In their original condition, including both the Goods and their packaging;
11.3.2 Securely wrapped;
11.3.3 Including our delivery note or manufacturer’s delivery note
11.3.4 At your own risk and expense.
11.4. Notify us at orders@breadingandcoating.com by email if you wish to return Goods. Specify the exact Goods, purchase date, and the defect or return reason. If the return is accepted, we will issue a returns note. Returning Goods without this note may prevent us from addressing your complaint due to insufficient details. It’s essential to return the entire purchased Goods – with all components, parts, and original packaging – for us to address your complaint.
11.5. When returning defective Goods, include a note detailing the specific fault and when it was observed.
11.6. If we confirm the Goods are defective, we will:
11.6.1 Cover the return shipping costs;
11.6.2 Replace the Goods at our earliest convenience.
11.7. Once we repair or replace the Goods, you won’t have further claims against us under this agreement or any legal principle regarding the defect.
12. Disclaimers
12.1. Laws vary between countries. This section applies to the extent permitted by the relevant law.
12.2. This agreement excludes all implied conditions, warranties, and terms. Where any jurisdiction doesn’t allow such exclusions, this provision is limited only to the extent necessary to respect that particular condition, warranty, or term.
12.3. We don’t guarantee or represent:
12.3.1 Any implied warranty regarding the Goods’ merchantability or suitability for a specific purpose;
12.3.2 The suitability or appropriateness of the Goods for your intended use.
12.4. We don’t claim expertise in any field. We’re not liable for any actions you take based on information from Our Website.
12.5. Should we be liable to you for any reason, our liability is capped at the amount you’ve paid for the Goods in the prior 12 months.
12.6. We won’t be responsible for any loss or expense that is:
12.6.1 Indirect or resulting from consequential damages; or
12.6.2 Financial loss, including lost profits, business, turnover, or goodwill, even if such a loss was foreseeable or if we were aware of its potential occurrence.
12.7. This clause, and any other limiting our liability, also applies to our directors, officers, employees, subcontractors, agents, and affiliated companies. They can enforce this under the Contracts (Rights of Third Parties) Act 1999/Contracts (Rights of Third Parties) (Scotland) Act 2017, in addition to us.
12.8. If you notice any violation of this agreement by anyone, please inform us by email sonya@breadingandcoating.co.uk. We appreciate your feedback, though we might not always concur with your perspective.
13. Your account with us
13.1. You commit to providing and maintaining accurate, current, and complete personal information, which we require to deliver the Goods.
13.2. When using Our Website, you’re responsible for keeping your account and password confidential and preventing unauthorized access.
13.3. You’re accountable for any activity under your account or password. If you suspect unauthorized access, notify us immediately and change your password.
14. Restrictions on what you may Post to Our Website
You commit to not using, or permitting others to use, Our Website to Post Content that might:
14.1. Be malicious or slanderous.
14.2. Include commercial audio, video, or music files.
14.3. Be illegal, obscene, threatening, offensive or violent.
14.4. Be sexually explicit or pornographic.
14.5. Deceive, impersonate, or misrepresent your identity, age, or affiliation.
14.6. Suggest it originates from us or imply our endorsement of you or your business.
14.7. Request passwords or personal details from others.
14.8. Promote sales or other commercial activities.
14.9. Contain anything beyond text (like symbols) except for a profile photo of yourself in the specified area.
14.10. Link to any material described in the aforementioned points.
14.11. Share age-inappropriate content or communications with anyone under 18.
15. Your Posting: restricted content
We reserve the right to reject, edit, or remove any Posting that doesn’t adhere to these terms.
In addition to the above restrictions, a Posting should not include:
15.1. Hyperlinks, unless explicitly approved by us.
15.2. Irrelevant keywords or repetitively used words unrelated to the Posted Content.
15.3. The name, logo, or trademark of any entity other than your own.
15.4. Misleading, false, or inaccurate information.
16. How we handle your Content
16.1. Our privacy policy is rigorous and specific, fully aligning with the Data Protection Act 2018.
16.2. Content posted to public areas of Our Website becomes publicly accessible. We cannot control who views or uses such content.
16.3. Even with user registration barriers, your text can be accessed by anyone who registers and logs in. Avoid posting sensitive or confidential information.
16.4. You grant us an irrevocable right to post feedback, comments, and ratings about your actions on Our Website, regardless of their nature, be it critical or defamatory.
16.5. Posting content does not transfer its copyright ownership to us. We make no claims to it and won’t defend your rights on your behalf.
16.6. You acknowledge that you are solely responsible for any infringement of intellectual property rights, defamation, or violations of any law resulting from the Content you post.
16.7. You assume all risk and responsibility in determining if any Content is publicly accessible and not of a confidential nature.
16.8. Kindly inform us immediately if you become aware of any unauthorized access or use of your account.
17. Removal of offensive Content
17.1. To clarify, this clause applies to anyone who accesses or uses Our Website for any reason whatsoever.
17.2. While we are not obligated to monitor or document the actions of any user on Our Website, we reserve the right to do so without informing you or providing an explanation.
17.3. If any Content upsets or offends you, please adhere to the following steps:
17.3.1 You should submit your complaint or grievance to us using the designated form available on Our Website, or provide all the information that the form requests. This should be forwarded to us either by post or email.
17.3.2 We will take action to remove the content in question as quickly as reasonably possible once we have been made aware of it.
17.3.3 Upon receiving a notification of a complaint or claim, we will initiate an investigation at our sole discretion.
17.4. We reserve the right to either restore the Content you objected to or keep it removed.
17.5. You acknowledge and agree that if you submit any complaints or feedback, we have the right to publish such complaints, feedback, and all subsequent correspondences and communications related to the complaint, in any medium or platform. This right extends indefinitely and without any restrictions.
17.6. You acknowledge and accept that if you submit any complaint without valid grounds or in a manner intended to harass or cause undue inconvenience, you will be responsible for reimbursing us for any expenses incurred during the investigation of such complaint, including, but not limited to, legal fees.
18. Security of Our Website
If you breach any terms of this agreement or misuse Our Website in any manner, we reserve the right to pursue legal action against you to the fullest extent permitted by law.
You now agree that you will not, and will not allow any other person to:
18.1. Alter, replicate, or inflict harm or unplanned consequences to any part of Our Website or the software implemented in it.
18.2. Establish a link to Our Website in a manner that alters or misrepresents the site’s appearance compared to a user who directly enters the URL into a conventional browser.
18.3. Obtain any section of Our Website without our explicit written approval.
18.4. Extract or utilize any product listings, details, or pricing without explicit permission.
18.5. Gather or utilize information sourced from or related to Our Website or its Content, outside the parameters of this agreement.
18.6. Compile, replicate, or duplicate any of the Content or data from Our Website in any way, except as expressly allowed by this agreement or for reasonable requirements associated with your utilization of Our Website.
18.7. Disclose to any third party your login details for Our Website.
18.8. Despite the above terms, we now grant a licence to you to:
18.8.1 You’re welcome to set up a hyperlink directing to Our Website in order to promote a shared interest. No specific authorization is required for this. However, it’s crucial that you avoid representing us or any of our products or services in a deceptive, false, or derogatory manner. If you wish to incorporate our logos, graphics, or any trademark within the link, please obtain our explicit written permission first.
18.8.2 You’re permitted to duplicate the content of any page for your individual use, as long as it aligns with the intent of Our Website.
19. Indemnity
You commit to shielding and compensating us for all expenses, claims, and charges that may arise, whether directly or indirectly, from:
19.1. Any non-compliance on your part with the laws of any nation;
19.2. your breach of this agreement;
19.3. Any actions, omissions, or oversights made by any of your agents, employees, licensees, or clients;
19.4. A claim based on a contract resulting from your utilization of the Goods;
19.5. Any infringement upon the intellectual property rights of an individual or entity.
20. Intellectual Property
20.1. We are committed to safeguarding the intellectual property rights associated with our Goods and Our Website. This includes the protection of copyrights in the Content, irrespective of whether it’s supplied by us or any other content provider. This coverage extends to copyrights in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
20.2. Unless explicitly mentioned otherwise, you are prohibited from copying, altering, publishing, transmitting, transferring, selling, reproducing, deriving new works from, distributing, showcasing, or leveraging any portion of the Content, either in entirety or fragments.
20.3. You’re prohibited from using our name, logos, trademarks, or any other Content on your website or on any third-party website.
20.4. In accordance with the stipulations of this agreement, you are permitted to download or copy Content solely for personal use, ensuring that all copyright and other associated notices remain intact. However, you’re prohibited from electronically storing any substantial part of the Content.
21. Dispute resolution
Should a disagreement arise between the parties, the subsequent terms will be applicable:
21.1. If you’re dissatisfied with our services or have any grievances, you are obliged to inform us via email at orders@breadingandcoating.co.uk
21.2. If a disagreement remains unresolved through the aforementioned methods, we kindly request that you consider engaging with us in a process of mediation or arbitration, conducted in good faith.
22. Miscellaneous matters
22.1. Our primary mode of communication with you is via email. By accepting this, you acknowledge and agree that email communications hold the same contractual validity as traditional written correspondence that’s duly signed and dated, delivered by postal mail.
22.2. When we offer goods or services to you without a specific fee, such goods or services are provided on a complimentary basis and are not linked to any other Goods for which there might be a charge. As such, we hold no contractual or other obligations concerning these complimentary goods or services.
22.3. If, in any jurisdiction, a term or provision of this agreement is deemed void, invalid, or unenforceable at any given time, it will be modified or reduced only to the minimal extent required to make it compliant with the laws of that jurisdiction, ensuring it remains valid. In its modified or reduced form, it shall remain binding. With this understanding, each clause or provision is to be viewed as independent and will not impact the validity or interpretation of the other terms contained herein.
22.4. All rights and obligations defined in this agreement shall transfer to any authorized successor or assignee in title.
22.5. Any neglect or delay by a party in enforcing their rights, powers, or remedies does not signify a waiver of those rights nor does it suggest any intention to diminish or forgo such rights in subsequent times.
22.6. All communications intended for one party from the other must be delivered personally, sent via first class mail, dispatched through recorded delivery, or transmitted via email.
It will be considered delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- when sent to the email address from which the receiving party most recently sent an email, and is deemed delivered within 24 hours if the sender hasn’t received any notification indicating non-receipt.
22.7. Under the Contracts (Rights of Third Parties) Act 1999 or the Contracts (Rights of Third Parties) (Scotland) Act 2017, or any other relevant provisions, this agreement does not confer any rights to third parties.
22.8. Neither party will be held responsible for any delays or failures in fulfilling their obligations under this agreement due to events beyond their reasonable control. This includes, but is not limited to, labour disputes involving a party and its workforce.
22.9. Should there be a discrepancy between any term within this agreement and the stipulations within the articles of a limited company or any analogous documentation designed to oversee any other corporate or group entity, the provisions of this agreement shall take precedence.
22.10. This agreement’s validity, interpretation, and execution are subject to the laws of England and Wales. You concur that any disagreements or disputes emerging from this agreement shall be settled exclusively within that jurisdiction.
Your right to cancel
Under the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you possess the privilege to terminate this agreement within a 14-day period, no justification required.
You have a 14-day window from the date the contract was established to cancel it. This allows you the option to terminate the contract before we dispatch it to you.
How to cancel
To ensure you meet the cancellation timeframe, simply send your notification expressing your intention to exercise your cancellation right before the 14-day period concludes.
If you wish to exercise your cancellation right, you are required to clearly convey your decision to terminate the contract, which can be communicated to us either through post or email.
While you have the option to utilize the provided model cancellation form, you’re free to express your intention in your own words, provided the message is unambiguous.